Pawan Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Pawan Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of: petitioner to file objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 within four weeks; authority concerned to pass orders under Section 10 after affording the petitioner an opportunity of hearing and communicating the order; no coercive steps against the petitioner till final orders under Section 10.

Issue for consideration

Whether the petitioner, who challenged a notice issued under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 without first filing objections under Section 9, was to be directed to file objections under Section 9 and have them decided under Section 10 of the Act.

Court's answer

The writ petition was disposed of at the stage of admission with the consent of both parties, without going into the merits or demerits of the case.

Ratio / Principle

The petitioner was directed to file his objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 within a period of four weeks.

Key takeaways

On such objections being filed, the authority concerned shall pass necessary orders under Section 10 of the Bihar and Orissa Public Demands Recovery Act, 1914.ratio¶26
Before passing any order the petitioner shall be given an opportunity of hearing, and any order passed shall be communicated to the party.ratio¶26
Till such time the final orders are passed under Section 10 of the Bihar and Orissa Public Demands Recovery Act, 1914, no coercive steps shall be taken against the petitioner.

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.), oral order dated 23-01-2025 in CWJC No.745 of 2025: writ petition challenging a notice issued under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 by the Certificate Officer disposed of at the admission stage, with the consent of both parties and without going into the merits. Counsel for the petitioner stated the notice did not contain any date of appearance, preventing filing of objections; counsel for the respondents noted the petitioner had approached the Court without filing objections under Section 9. The Court directed the petitioner to file objections under Section 9 within four weeks; on such objections the authority concerned to pass necessary orders under Section 10, giving the petitioner an opportunity of hearing and communicating the order; and, till final orders under Section 10, no coercive steps to be taken against the petitioner.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.745 of 2025

======================================================

Pawan Kumar son of Kali Prasad, Village -Tikka Bigha, P.S. - Bodhgaya, District - Gaya, PIN -824231.

... ... Petitioner/s

Versus

The State of Bihar through the Additional Chief Secretary, Finance Department, Government of Bihar, Patna.

The Additional Chief Secretary, Finance Department, Government of Bihar, Patna.

The District Magistrate, Gaya.

The District Certificate Officer, Gaya.

The Superintendent of Police, Gaya.

The Station House Officer, Police Station - Bodhgaya, Gaya.

The Regional Manager-cum-Authorized Officer, South Bihar Gramin Bank, 371-A, Ramanuj Bhawan, A.P. Coloney, Gaya, PIN-823001.

The Branch Manager, South Bihar Gamin Bank, Bodhgaya, Pachchati, Gaya, PIN - 823001.

The Authorized Officer, South Bihar Gramin Bank, Bodhgaya, Gaya, PIN - 823001.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Ranjan, Adv. For the Respondent/s : Mr. Government Pleader (7) For the Resp. Nos. 7-9 : Mr. Praveen Prabhakar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

2 23-01-2025 The present writ petition is disposed of at the stage of

Admission with the consent of both the parties.

Without going into the merits or demerits of the

case and having regard to the fact that the petitioner has challenged the notice issued under Section 7 of the Bihar and

Patna High Court CWJC No.745 of 2025(2) dt.23-01-2025 2/3

Orissa Public Demands Recovery Act, 1914.

Learned counsel for the petitioner has stated that the petitioner could not file his objections as the notice issued by the Certificate Officer does not contain any date on which the petitioner has to appear. The learned counsel for the respondents has stated that the petitioner without filing his objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 has straightaway approached this Hon’ble Court .

Having regard to the above, the present writ petition is disposed of directing the petitioner to file his objections under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 within a period of four weeks from today. On such objections being filed, the authority concerned shall pass necessary orders under Section 10 of the Bihar and Orissa Public Demands Recovery Act, 1914. It is needless to mention that before passing any order, the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the party.

Till such time the final orders are passed under Section 10 of the Bihar and Orissa Public Demands Recovery Act, 1914, no coercive steps shall be taken against the petitioner.

Patna High Court CWJC No.745 of 2025(2) dt.23-01-2025 3/3

With the above directions, the present writ petition

stands disposed of.

(A. Abhishek Reddy , J)

Gauravkr/-

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